HARCHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Facts of the case are that the appellant Harcharan Singh is convicted under S. 5(2) of the Prevention of Corruption Act and sentenced to undergo Rigorous Imprisonment for 5 years with a fine of Rs. 2000/-. He is also convicted under S. 161 of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for one year with a fine of Rs. 1000/-.

(2.) The appeal was admitted on 14-10-1988. On this date his prayer for bail was accepted; recovery of fine was also stayed. In this Criminal Miscellaneous application No. 4471 of 1998, the petitioner has averred that after being released on bail, he rejoined his service as a Lower Division Clerk with Punjab State Electricity Board at Mukerian Hydel Project at Patiala. He is due to retire from service on 28-2-1998. In para No. 7, the averment is as under :-

(3.) In subsequent para, he has mentioned that if he is dismissed from service due to his conviction, he is likely to loose all retiral benefits. He has no other source of income except his salary and after retirement, his retiral benefits. Therefore, it is prayed that during the pendency of the appeal, operation of the impugned judgment of conviction and sentence dated 3-10-1988 be stayed. In the attached affidavit, the appellant has sworn on oath the averments made in para No. 7 verbatim and in the verification clause, he has mentioned that these facts are true and correct to his knowledge and belief.